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> ---------- Forwarded message ----------
> From: ALRC Press Centre <[email protected]>
> Date: 21 June 2010 16:41
> Subject: INDIA: Kerala, a police state in the making, Act Now!
> To: [email protected]
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> *FOR IMMEDIATE RELEASE
> *PRESS RELEASE
> ALRC-PRL-005-2010
>
> *A Joint Press Release by Nervazhi and the Asian Legal Resource Centre*
>
> *INDIA: Kerala, a police state in the making, Act Now!*
>
> (Hong Kong, June 21, 2009) On 11 May 2010, a Select Committee appointed by
> the Kerala Legislative Assembly prepared and published a questionnaire
> seeking opinions and advice from the general public, jurists and human
> rights organisations concerning the Kerala Police Bill, 2010. The purpose of
> the exercise is to receive comments and recommendations concerning the Bill
> so that the aspirations of the people of Kerala are reflected in the law
> governing the state police, when the Kerala Legislative Assembly finally
> enacts the law.
>
> Nervazhi and the Asian Legal Resource Centre (ALRC) today jointly released
> a study on the Bill titled *"Kerala, a police state in the making - Act
> Now!". <http://www.alrc.net/PDF/ALRC-PRL-005-2010-01.pdf>*
>
> Nervazhi is a registered human rights organisation, based in Thrissur
> district, Kerala. The ALRC is a registered regional human rights
> organisation based in Hong Kong. The ALRC enjoys a General Consultative
> Status with the Economic and Social Council of the United Nations and have
> extensive network of partners in India and other Asian countries.
>
> Nervazhi has considerable experience concerning human rights issues, in
> particular those related to the functioning of law enforcement agencies in
> Kerala. Justice institutions, in particular the police, prosecution and the
> judiciary have been ALRC's area of focus since its inception in 1986 and
> thus its field of expertise. The ALRC has extensive knowledge about the
> functioning of police in various Asian jurisdictions, in particular India.
> The ALRC has assisted the drafting of similar laws in South Asian countries,
> the latest, a law criminalising torture and custodial death which is
> currently under the consideration of the Bangladesh parliament.
>
> For preparing the comments and suggesting recommendations to the Bill,
> Nervazhi and ALRC have consulted experts in the field, including senior
> police officers serving and retired in India, jurists, academics,
> journalists and above all the people of Kerala. For this very reason, the
> comments and recommendations will reflect a combination of expertise
> emerging from this knowledge base.
>
> We have no claims whatsoever that the following pages contain a
> comprehensive analysis of the Bill, but we are certain that the Bill, as it
> stands now has the potential to turn Kerala into a police state. The
> comments and recommendation are thus made with an intention to prevent this.
> We have analysed the Bill bearing in mind various human rights cases that we
> have come across from Kerala in particular and India in general. We have
> studied the jurisprudence developed internationally concerning law
> enforcement agencies and their operational standards and the case law
> developed by the courts in India, the Supreme Court of India in particular,
> concerning the rights of the citizens while in custody and the duty of the
> state as well as that of the law enforcement agencies in dealing with the
> citizens while engaged in law enforcement duties.
>
> We have held consultations with the general public about the Bill. The use
> of simple language in the document, understandable to the common person, is
> thus not an intentional use of any editorial style, but is the result of the
> effort taken to write down the opinions the ordinary Indian living in Kerala
> provided us concerning the Bill. It reflects the collective wisdom of the
> ordinary people, rooted in their experience of dealing with the police as a
> state institution.
>
> The recommendations also reflect this collective voice of the people of
> Kerala and their hope that their police can be corrected, provided the law
> governing the police is also right. Almost everyone whom we have consulted
> has informed us in various forms that the state of affairs of the Kerala
> police is deplorable at the moment. They want the new law to be a tool to
> bring change to this unacceptable status quo.
>
> The ALRC, along with the comments and recommendations is also submitting a
> model law for the consideration of the Legislature to criminalise torture
> and extrajudicial executions.
>
> We hope that the recommendations and comments will be duly considered and
> appropriate changes incorporated in the Bill. We are certain that by
> incorporating the recommendations in the Bill, the Kerala State Police will
> be provided with a statutory framework to discharge their duties, thereby
> contributing to develop India, a country of great people into a mature
> democracy.
>
> A copy of the comments and recommendations with the copy of the original
> Bill is sent either by email, fax or post to Honourable Governor of Kerala,
> Honourable Speaker and all other members of the Kerala Legislative Assembly,
> Judges of the Supreme Court and the Kerala High Court, the National and
> State Human Rights Commissions, the Director General of Police - Kerala and
> all print and electronic media in Kerala.
>
> The comments and recommendations with the Draft Bill can be downloaded from
> here <http://www.alrc.net/PDF/ALRC-PRL-005-2010-01.pdf>.
>
> # # #
>
> *About Nervazhi and ALRC: The Asian Legal Resource Centre is an
> independent regional non-governmental organisation holding general
> consultative status with the Economic and Social Council of the United
> Nations. It is the sister organisation of the Asian Human Rights Commission.
> The Hong Kong-based group seeks to strengthen and encourage positive action
> on legal and human rights issues at the local and national levels throughout
> Asia. Nervazhi is a registered human rights organisation, based in Thrissur,
> Kerala state, India.*
>
>
> *AHRC New Weekly Digest - an easy way to receive all your Human Rights
> news in just one weekly email - subscribe 
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-- 
Adv Kamayani Bali Mahabal
+919820749204
skype-lawyercumactivist

"After a war, the silencing of arms is not enough. Peace means respecting
all rights. You can’t respect one of them and violate the others. When a
society doesn’t respect the rights of its citizens, it undermines peace and
leads it back to war.”
-- Maria Julia Hernandez


www.otherindia.org
www.binayaksen.net
www.phm-india.org
www.phmovement.org
www.ifhhro.org

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